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2025 DAILYLAW 14791 (CHH)

SAKIB AHMAD v. STATE OF CHHATTISGARH

MCRC/2409/2025 · 2025-03-26

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:14593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2409 of 2025 1 - Sakib Ahmad S/o Mohd. Ajeem Siddhiqui Aged About 25 Years R/o Ward No. 08, Wadrafnagar, Police Chowki Wadrafnagar, P.S. Basantpur, District Balrampur-Ramanujganj Chhattisgarh 2 - Rakib Ahmad S/o Mohd. Ajeem Siddhiqui Aged About 32 Years (Wrongly Mentioned As Mohd. Ajeej Siddhiqui In Annexure A-1), R/o Ward No. 08, Wadrafnagar, Police Chowki Wadrafnagar, P.S. Basantpur, District Balrampur-Ramanujganj Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Basantpur, District Balrampur-Ramanujganj Chhattisgarh ... Non-applicant(s) For Applicants : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.06/2025, registered at Police Station- Basantpur, District- KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 34(2), 36 and 42 of the Chhattisgarh Excise Act and 3(5) of B.N.S. 2. The prosecution story in brief, is that, as per secret information receive from the informant during patrolling that unknown persons have kept illegal liquor in their pickup vehicle to sell, on the basis of said information, the Police conducted raid and have seized 550.04 liters of foreign liquor from the joint possession of the applicants. Thereafter, the aforesaid offence has been registered against the applicants. 3. Learned counsel for the applicants submit that the applicants have been falsely implicated in this case. The alleged liquor has not been recovered from the conclusive possession of the applicants. He also submits that for the offence under Section 34(2) of the Chattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicants have no criminal antecedent and they are in jail since 11.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been filed before the competent Court however, the quantity of liquor seized from the joint possession of the applicants i.e. 550.04 liters of foreign liquor which is huge quantity. Hence, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicants and the fact that in the present case charge-sheet has been filed before the competent Court however, a huge quantity of liquor, i.e. 550.04 liters of foreign liquor has seized from the joint possession of the applicants without any valid licence and no plausible explanation has been offered in this regard. Furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicants on bail. 7. Accordingly, the bail application of the applicants namely Sakib Ahmad and Rakib Ahmad involved in Crime No.06/2025, registered at Police Station- Basantpur, District-Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 34(2), 36 and 42 of the Chhattisgarh Excise Act and 3(5) of B.N.S., is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice 0. . Kunal